October 28, 2004
By James Bae
MARFA — Several competing factions are vying for the right to broadcast radio waves from a frequency assigned to Marfa, including the Desert-Mountain Institute Inc. (DMI) of Alpine and the recently formed Marfa Radio Inc.
According to a Federal Communications Commission official, about 10-12 entities are seriously competing for an empty spot on the FM dial originating in Marfa –– 93.5 –– currently up for bid in a nationwide FCC auction to fill vacant FM allotments. A total 65 applicants are apparently interested in the Marfa frequency. The range of interest in the Marfa allotment has drawn applicants both locally and nationwide. La Promesa Foundation of Midland, a Catholic radio network with eight stations in Texas, has placed a bid, as have out-of-state companies as far away as California and Florida.
All applicants will go through a blind-bidding process, a highest-bidder-takes-all formula, when the FCC holds a formal auction next week, on Wednesday, November 3. Along with the Marfa allotment the FCC is conducting 288 auctions throughout the United States. Each winning bid is for FM broadcast construction permits. The auction comes on the heels of a three-year battle between noncommercial broadcasters, like National Public Radio, and the FCC. A ruling in 2000 proposing the auctioning of frequencies set in motion a slew of lawsuits from public broadcasters around the nation, leading to a federal appeals court ruling against the FCC in 2001.
In 2002, the FCC had plans to bar non-commercial broadcasters from applying for non-reserved frequencies in general, which never quite materialized. The FCC returned to the auction format in April 2003. Three board directors are named on the Marfa application to the FCC: Presidio County Attorney Teresa Todd, Chinati Foundation conservator Francesca Esmay, and Marfa and Dallas attorney Pablo Alvarado, with Alvarado named as the authorized bidder. Chris Cessac, a Marfa attorney with the Crowley, Douglas & Norman law firm, is named as the contact. The company is organized as a nonprofit, whose address is 204 North Highland Avenue, Marfa. The ownership of the Desert-Mountain Institute, a nonprofit corporation started by Desert Mountain Times publisher Kay Burnett, who is also the president of the DMI, is divided equally amongst Burnett, Vice President Tom Michael and Secretary Eve Trook, all of Alpine. Burnett said that if the DMI wins the auction, Michael would be named station manager for the operation. Michael is named as the authorized bidder for the DMI.
“The Desert-Mountain Institute, Inc. is committed to bringing public radio to the Big Bend region and sees this as a step in that direction,” wrote Michael via email. “We’re glad to have so much support in the community.” According to both the DMI and Marfa Radio, each share a basic interest in bringing public radio to the area, with the express intent of broadcasting local content on the air, with the DMI stating they are interested in bringing in programming from National Public Radio as well. Recently, in late July, the Desert-Mountain Institute conducted a public survey with the help of public radio consultant Tom Livingston to gauge Big Bend residents’ interest in the project. Large turnouts in Alpine, Fort Davis, and Marfa for question-and-answer sessions ultimately led to a frequency search of the area, funded by the DMI. The relatively short window for applying in the auction process had both sides scrambling to submit an application. The DMI filed its application on August 5. Marfa Radio filed on the next day, August 6, coming 11 days after Michael and Livingston held meetings throughout the area.
Though a new station means a forum for new content, longtime KVLF-AM and KALP-FM operator Ray Hendryx has reservations on what ramifications may arise if the auction is won by an entity with a commercial agenda, and whether it is possible for the region to support more than one of its kind. The auction for the construction permit for the Marfa allotment will lead to a commercial radio license for the finished station. “Advertising for radio is different than for newspapers,” Hendryx said. “There’s only a finite slice of the pie (for the area).” Michael said that the DMI plans call for a nonprofit station. Marfa Radio’s intent is to create a nonprofit, non-commercial, community radio station for the town as well. The FCC also has a petition to change the status of a station from commercial to nonprofit.